A Closer Look at the Personal Injury Lawsuit Process

Whenever you or a family one have suffered injuries or even death as a result of an accident or negligent acts of someone else, you might not be mentally or physically ready for the rigors of litigation that seek to compensate for your injury or the loss of your loved one. Accident and negligence lawsuits can take several forms, but the primary phases of a personal injury case typically remain constant. Read on to take a closer look at the personal injury lawsuit process.

Consultation With a Lawyer

Of course, the center of every legitimate personal injury case is some sort of injury. In order to assess the responsibility of the defendant or the extent of the damage of the plaintiff, the case would need evidence. Many claimants will speak to a lawyer and will agree to perform an exploratory investigation, including whether or not the defendant has insurance and/or adequate assets to pay any compensation or judgment. When you see a lawyer, they’re expected to discuss what’s going to happen, including the specifics the attorney needs to hear and explanations of how things are going if he or she takes your case.

The Lawsuit Is Filed, and the Defendant Hires an Attorney

After establishing a reasonable cause, the plaintiff’s attorney will file a personal injury complaint with the appropriate civil court. The lawsuit is the first legal document in the case, which sets out in very comprehensive detail what the complainant alleges. The defendant will normally have a month or more to find a lawyer before his or her first court hearing. An attorney can be found by personal referrals, databases, a website, or ads. If the defendant has a home or insurance policy in place, it would not be impossible to prove to have a personal injury protection attorney ready to handle the case. If insurance is applicable, the claimant must inform the insurance provider as soon as he or she is aware of the case.

Pre-Trial and Discovery

In the pre-trial period, both parties will challenge each other for proof and witness details in the discovery phase. At an early point, both parties will also appear before the court to advise the judge on how the case is proceeding, agree to mediation or arbitration or not, and set the trial date. As the discovery continues, both parties will begin to arrange the depositions of the opposing party and witnesses. This period of investigation and intermittent court hearings can take months, even a year or longer, with the trial date being regularly delayed. After the discovery has been completed, the defendant can petition the court to dismiss the lawsuit on the grounds of a summary judgment, alleging that the complainant cannot reasonably win the case at the trial.

Trial Phase

Finally, the trial will commence, and, in the case of a typical personal injury, it will last for at least a few days. At trial, the judge or jury shall decide if the defendant is responsible for damages and the loss of the plaintiff and, if so, how much the defendant is liable to pay for the damages. A trial is an occasion for the complainant to plead his or her case in the expectation of securing a verdict against the defendant. After a conviction, either party may begin an appeal process that may last for several months or years. Until the appeal processes have been completed, the defeated claimant will be expected to pay the costs sustained at the trial or on appeal.

A Settlement is a Possible Outcome

Many personal injury lawsuits are settled before the trial. The parties may decide and terminate the case at any stage in the process, even before the lawsuit is filed. You can research to learn more about the method of coping with a personal injury settlement and get advice on obtaining the best settlement. If too many lawsuits were settled, particularly if insurance providers were involved, you would usually have questioned their explanations. Some would claim that the deal helps the defendant to manage the risks and minimize court fees, that it will help the defendant to keep the case out of the public eye or out of the paper, that it allows the complainant to avoid a long trial, or that it allows the plaintiff a sure victory.

If you have been harmed as a result of an accident or another person’s negligence, it is necessary to contact a competent injury attorney. A lawyer can help you better understand the choices open to you, depending on the situation, and can help direct you through the difficult process of bringing a personal injury lawsuit to court.